Experience

Shortlisted as PI/Clinical Negligence Silk of the Year 2017.

Simon was again recommended in 2016 by the Legal 500 and Chambers UK as a Leading Silk in a number of Practice Areas. He is an experienced litigator and advocate, be it in the fields of insurance, professional negligence and professional regulation, catastrophic brain and spinal injury or costs and litigation funding. Another area of expertise is conducting Group Litigation, most notably in the civil phone hacking litigation concerning News of the World and the Mirror Group.

As a Leading Silk he is at the very forefront of the development of the law and procedure in the higher courts.  Simon was lead counsel in Mitchell v News Group Newspapers – Court of Appeal [2014], Yentob v MGN – Court of Appeal [2016], Briggs & 598 Ors. v First Choice Holidays Limited – High Court [2017], Frost v MGN – Supreme Court [2017], and BNM v MGN – Court of Appeal [2017]. In addition to his highly praised oral and written advocacy Simon drafts highly complex and high value legal documents.

He has been instructed in a number of high profile cases for well-known individual and corporate clients acting for both Claimants and Defendants. He has regularly acted in claims concerning both UK and foreign jurisdictions, including disputes occurring offshore concerning breach of duty and contract.

He is qualified as a Mediator and Arbitrator.

Directories

“A standout individual who has considerable expertise in costs cases associated with heavy commercial and group litigation. He’s always very practical; he thinks through the consequences and is five steps ahead of everyone else.” “He knows all the rules and regulations, and knows exactly which buttons to press.”
Chambers & Partners 2017 (Costs)

“Noted for expertise in catastrophic brain and spine injuries, which he regularly handles on behalf of major insurers and leading claimant solicitors. Over the course of his celebrated career, he has also developed a strong reputation for aviation accidents, clinical negligence cases and cross-border litigation.  A pleasure to instruct.”
Chambers & Partners 2017 (Personal Injury)

“He is polished: there is absolutely no padding in his advice; it is what you need to hear without any flannel. He is also very good at handling difficult clients. He is an excellent QC”
Chambers & Partners 2016

“He’s got a really good aura in court and can put even the most complicated points across clearly and in a succinct fashion. An excellent QC who has a very smooth manner with clients.”
Chambers & Partners 2016

Simon Browne QC is “an excellent leading counsel, and is always fully prepared be it for advising in consultation or presenting in court” and is recommended by the Legal 500 as a Leading Silk.
Legal 500 2016

Appointments

Barrister Assessor in the High Court
(2007 to date)
Appointed by the Lord Chancellor to sit as a Barrister Assessor in the High Court on Appeals

Chairman of Bar Tribunals and Adjudication Service
(2013 to date)
Appointed to sit as chairman of the barrister disciplinary tribunals

Costs Committee of the Civil Justice Council
(2013 to date)
Appointed by the Master of the Rolls to sit as a member of the Civil Justice Council

Joint Tribunal of the Bar Council and the Law Society
(2013 to date)
Appointed by the General Council of the Bar to sit as a barrister representative on the Joint Tribunal

Simon is a qualified Mediator and Arbitrator and may be appointed to adjudicate under any dispute proceeding through Alternative Dispute Resolution

Professional Memberships

Professional Negligence Bar Association (PNBA)
Personal Injuries Bar Association (PIBA)
British Association of Sport and the Law (BASL)

Public Access

Undertakes Public Access work

Mediator

Qualified Mediator

Connect

BNM -v- MGN Judgment, Court of Appeal Success for Claimant on the New Test of Proportionality

Simon Browne QC instructed by Atkins Thomson, succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new test of proportionality applies to still recoverable additional liabilities. The Court of Appeal has unanimously held that the saving and transitional provisions in CPR 48, combined with the more limited definition of “costs” applicable since 1 April 2013 (that now omits any reference to “additional liabilities”), together operated to preserve the former Costs Rules, with their attendant Practice Directions, to the assessment of costs that include additional liabilities.


Simon Browne QC appeared for the successful Respondents in the Supreme Court [2017] UKSC 33 under the title of Times Newspapers Ltd. (Appellant) v Flood (Respondent); Miller (Respondent) v Associated Newspapers Ltd (Appellant); Frost and Other (respondents) v MGN Ltd (Appellant)

Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights.


Briggs and 598 Others v First Choice Holidays & Flights Limited

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR.


Frost & Ors v MGN Limited

Supreme Court. Newspaper Article 10 challenge to the payment of Additional Liabilities. Simon Browne QC appeared for 23 separate Respondents in a three day challenge in the Supreme Court by the Appellant Newspaper (The Mirror) to pay success fees and after the event insurance premiums to successful litigants in publication cases, namely the phone hacking litigation. The newspaper argued that the payment of such additional liabilities amounts to a breach of their Article 10 right to freedom of expression under the Human Rights Act.


ABC v Southend University Hospital Trust

Simon Browne QC represented the Claimant (now aged 8 years) in a multi million pound a cerebral palsy case. He is severely disabled by tetraplegic dyskinetic cerebral palsy level 4/5. Liability was ordered to be tried as a preliminary issue. Settlement on liability was reached at a round table meeting shortly before trial.


Hannah Bhadri v Dr Hariram and Dr Freed

Simon Browne QC represented the Claimant in this clinical negligence case against two GPs. The Claimant  was born with subluxation (partial dislocation) of her hips bilaterally. The Claimant’s condition was not identified until she was aged 4 ½ – 5 years old when she complained of pain and limping. Following referral to Great Ormond Street she underwent major hip surgery which will also have to be repeated later in life.


Byrne v Estate of Lawrence Bickham & Brighton and Hove Bus Company

Simon Browne QC represented the insurers of the bus company in this case of both personal injury and insurance law. The Claimant was a blameless pillion passenger on a motor cycle suing the rider and the bus company for an accident rendering her seriously injured as he crashed at over 70mph. The Estate and RTA Insurer of the deceased rider admitted liability. Nevertheless they (1) sought to apportion some negligence against the co-defendant bus driver and (2) more importantly sought to avoid the motor cycle policy of insurance.


GULATI & ORS v. MGN Ltd [2015] EWCA CIV 1291

Instructed as common costs counsel for the group litigation claimants arising out of mobile telephone voicemail interception against the Mirror Newspaper Group.


Construction Industry Vetting Litigation [2015] EWHC 3543 (QB)

Instructed by MacFarlanes on group litigation for restraint of trade and defamation and costs budgeting of multi million pound projections


Yentob v MGN Ltd. Court of Appeal [2015] EWCA Civ. 1816

Simon Browne QC successfully upheld the Part 36 costs order in favour of Alan Yentob in the Court of Appeal. Mr Justice Mann had made no order for costs after Mr Yentob was awarded £85,000 but failed to beat Mirror Group’s Part 36 offer. The justice of the case demanded that Mr Yentob was not to be penalised in costs.

http://www.pressgazette.co.uk/content/trinity-mirror-loses-legal-bid-force-alan-yentob-pay-its-legal-costs-over-hacking-claim


Lindberg v Flying Aces Limited High Court

Acted in High Court proceedings in London of a case involving both liability and quantum in fatal air crash accident during competitive air race in Malta


Sale v. Sale High Court

Nicola Davies J. Award equating to £14 million for teenager with complete tetraplegia. The Court approved settlement provided for a lump sum of £3.2m plus annual periodic payments for aids, therapies, 24-hour care and loss of earnings. Although the award is equivalent to £14m over her lifetime the insurer provided a reverse indemnity for care provided by the PCT which was mutually beneficial to both parties.


L -v- F

Led by Simon Browne QC on behalf of a claimant who suffered serious leg injuries in a road traffic accident. The claimant was a diabetic and the injury led to a below knee amputation. The claim involved complex future loss claims and life expectancy issues. The claim settled at a JSM in 2013 for around £850,000 on a full liability basis.


Walker Construction v Quayside Homes Ltd [2014] COURT OF APPEAL EWCA Civ 93

Appellate decision on the exercise of the court’s discretion on costs when successful Claimant recovered less than 6% of the original pleaded claim, and where trial judge failed to consider the reasonableness of a Calderbank offer made by the Defendant.


Mitchell v News Group Newspapers COURT OF APPEAL [2014] 1 WLR 795

Representing the MP, Andrew Mitchell, in the Court of Appeal in the well-known relief from sanction / cost-budgeting appeal.


Pickering v Eaton Aerospace High Court

Successful industrial disease claim on behalf of employee exposed to working mineral oils over twenty years where breach of duty of care and causation were denied


Sylvia Henry and News Group Newspapers Limited [2013] EWCA Civ 19

Appeared for the successful Claimant in the Court of Appeal when the test was laid down for demonstrating good reason to depart from costs budgets which are to be introduced in the majority of all litigation from April 2013


Lawrence v. Kent CC [2012] EWCA CIV 493 - Court of Appeal

Guidance given by Court of Appeal upon the approach appellate court should take to appeals on questions of contested fact determined by the Trial Judge as opposed to matters of discretion


Partners in Costs Magazine

21st February 2017

Simon Brown QC and Shaman Kapoor are contributors to the Spring Edition of the PIC Magazine.  The Pitfalls of Refusing ADR by Simon Browne QC.  The Heat is On by Shaman Kapoor.


Further news and articles by Simon Browne QC

25th January 2017

For further news and articles by Simon Browne QC on the development of the law please view link below


View External Link

Litigation Funding

18th February 2016

Various articles on costs litigation posted


Journal of Personal Injury Law

18th February 2016

Various articles posted on personal injury law


Greenslade on Costs

31st January 2009

Editorial Board of Sweet and Maxwell Practitioner Book


QOCS against multiple Defendants

13th October 2017

Simon Browne QC successfully represented a QOCS-protected Claimant against an application to enforce an adverse costs order made by a Defendant against whom she had discontinued her claim, having been successful and received damages from the other Defendants.

Read more

TGC Costs Newsletter

4th July 2017

Welcome to the very first edition of TGC’s Costs Newsletter! Costs has been a huge part of our practice at TGC for as long as it has been recognised as a discrete area of law. Whilst the team has naturally changed and evolved over that time, it has retained phenomenal strength and depth from its leadership right through to its most junior members. We pride ourselves on being leaders in the field and being able to offer a client service level second to none. We remain extremely grateful for our Directory recognition, and through 2017 we’ve reinvigorated our energy levels as a team being ever ready to serve!

Read more

View External Link

Supreme Court Victory

11th April 2017

Simon Browne QC and James Laughland appeared for two separate successful Respondents in the Supreme Court. Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights

Read more

Briggs and 598 Others v First Choice Holidays & Flights Limited

13th February 2017

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR.

Read more

Privacy Notice

Private Client instructing via Solicitor or Private Client Direct Access

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA and my registration number is Z8747687.

Data Collection

The vast majority of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor (if applicable) and/or I will tell you why we need the information and how we will use it.

Our Lawful Basis for processing your information
The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

Our Lawful Basis and our Legitimate Interest is the first in eac category and any others from time to time which may arise.

I use your information to:

  • Provide legal advice and representation
  • Investigate and address your concerns

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information;
  • Medical Records;
  • Criminal Records.

I may share your personal data with:

  • Instructing solicitors
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter
  • Any others for whom I have your consent

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations

If this was to occur I shall satisfy myself that such transferred data is fully protected and safeguarded as required by the General Data Protection Regulation.

I retain your personal data while you remain a [client] unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me.

Marketing Opt-Outs

You may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website use cookies to:

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I will occasionally update my Privacy Notice. When I make significant changes, I will also publish the updated Notice on my website profile.